The Economist explains: Why is Gibraltar a British territory? | The Economist Why is Gibraltar a British territory? Aug 7th 2013, 23:50 Tweet SPAIN is protesting to Britain again about a certain rocky outcrop at the neck of the Mediterranean. Gibraltar, a 2.6 square mile (6.7 square kilometre) peninsula that is home to about 30,000 people, is a British territory to which Spain has long laid claim. This week the old argument resurfaced as Spanish officials toughened border inspections, slowing traffic to a crawl, and Spain’s foreign minister threatened a €50 ($67) charge on crossings, to the alarm of locals on both sides of the border. The measures were apparently in response to the Gibraltar government’s decision to sink spiked concrete blocks into the sea to fend off Spanish fishermen, whom it accuses of poaching Gibraltarian fish. Perhaps more relevant, the Spanish government is desperate to change the subject from an ongoing party-funding scandal , which has threatened to engulf Mariano Rajoy, the prime minister. A phone call between Mr Rajoy and David Cameron, the prime minister of Britain, on August 7th apparently defused tensions somewhat.

But why is Gibraltar, which lies 1,000 miles south of London, a British territory in the first place? The days when the sun never set on the British empire are long gone. But Britain retains 14 “Overseas Territories”, spread around the world from the Pacific to the South Atlantic. With the exception of the British Antarctic Territory, a wedge of wilderness populated by a few scientists and many penguins, they are tiny specks. The Pitcairn Islands, which lie roughly half way between New Zealand and Peru, are home to about 50 people; Bermuda, the most populous of the Territories, has only about 65,000 residents. Many, including Gibraltar, have been home to Royal Navy bases. These days they are more likely to earn their keep through tourism and offshore finance . Gibraltar was ceded to Britain following the War of the Spanish Succession of 1701-14. Charles II of Spain, who was known as “The Bewitched” because of his severe physical and mental disabilities, died in 1700 without an heir. It was unclear who should succeed him, and so Europe’s great powers began to push their own preferred candidates.

War soon broke out, and in August 1704 British soldiers, fighting alongside Dutch allies, captured the Rock, as Gibraltar is known. The war continued until 1713, when the Treaty of Utrecht determined that Philip V, a grandson of the king of France, would inherit the Spanish throne. As part of the deal some Spanish territories were dished out to other countries. Britain got Gibraltar, as well as Minorca, which changed hands several times before being returned to Spain as part of the Treaty of Amiens in 1802. Gibraltar has remained under British control ever since, in spite of various attempts to take it back, including an unsuccessful siege by Spain that lasted for nearly four years until 1783. Under the dictatorship of General Francisco Franco, Spain shut its border with Gibraltar entirely; it was reopened fully only ahead of Spain’s accession to the European Union in 1985. Fishing boats aside, no further invasions are likely. But Spain continues to claim Gibraltar as its own . Those who live on the Rock disagree: referendums in 1967 and 2002 were almost unanimous in their support for maintaining British sovereignty .

Britain looks likely to keep its scrap of Mediterranean coastline for now. It may be just as well for Spain: if Britain were to hand over Gibraltar, the Catalans , who lost their autonomy to Spain in the aftermath of the Treaty of Utrecht, might consider it an interesting precedent. The History of Gibraltar and how it came to be British By Ben Johnson | Comments The six square kilometres of the Rock of Gibraltar are steeped in history, from the very beginning around 100,000 years ago when primitive humans and Neanderthals fished the shoreline and inhabited the limestone caves, to visiting Phoenician and later Roman sea farers. It was the Moors of Tarek ibn Ziyad however that first settled the Rock in 711AD, and since then, this much-prized site and its people have witnessed many sieges and battles over the centuries. The position of Gibraltar guarding the entrance to the Mediterranean is unrivalled, and has for many years been fought over by Spain, France and Britain, all claiming possession. Gibraltar was captured by the British Fleet in 1704 during the war of the Spanish Succession.

On 4th August 1704, an Anglo-Dutch fleet under the command of Admiral George Rooke took Gibraltar from the Spanish. From dawn on that day and for the next five hours, some 15,000 canons were fired from the fleet into the city. The invaders, led by the English majority, landed the same morning and not surprisingly encountered little opposition. Under the Treaty of Utrecht in 1713 Gibraltar was ceded to Britain. This treaty stated "the town, castle and fortifications were to be held and enjoyed for ever without any exception or impediment whatsoever." This treaty was renewed again in 1763 by the Treaty of Paris, and in 1783 by the Treaty of Versailles. But of course that hasn't stopped other countries trying to seize Gibraltar over the centuries. As Spain waited for an opportunity to retake the Rock, sieges became a common occurrence for Gibraltar. In 1726, war was about to break out as Spanish forces were massed round the Rock. Unfortunately the defences were not in good repair and the garrison only numbered 1,500 men.

After a siege and heavy bombardment by the Spanish (during which their guns blew-up and the gun-barrels began to droop), a truce was declared in 1727. In 1779, what became known as the Great Siege began and the numerous tunnels that are a feature of the Rock are a legacy from this time. This siege lasted from 1779-1783 and reached its climax in 1782. The Spanish planned an attack from the sea and land, preceded by a heavy bombardment. The Spanish ships were carefully prepared with wet sand and wet cork between the timbers and a sprinkler system to put out fires caused by red-hot shot. However this did not work and by the end of the attack on 13th September, the Bay was 'lit-up' by burning ships. During this long siege the Gibraltarians suffered greatly through lack of food. General Eliott was the Governor at this time; he had arrived at the Rock in 1776 and showed himself to be a great leader and planner. As an example to his men he lived on 4 ounces of rice a day when the siege was at its height.

It was during this siege that a Lieutenant Koehler solved the problem of how to fire the cannons from a steep angle of depression, from high up on the Rock down onto the besieging forces. Lieutenant Shrapnel, another of the garrison at that time, developed the ammunition that still bears his name. The numerous tunnels that are still in use today were the responsibility of a Sergeant-Major Ince, and these tunnels made it possible for the guns to bear down onto the Mediterranean shore. Sergeant-Major Ince may have made better tunnels than he realised as they were used for the same purpose, gun emplacements, in the Second World War, and were invaluable to the Allied Forces. The British had between 5,500 and 7,000 men and only 96 guns during the Great Siege, and the Spanish and French forces numbered 40,000 men and 246 guns. As the British didn't surrender, hostilities finally ceased in February 1783…. a great triumph for General Eliott! Gibraltar has always been part of British history.

Admiral Lord Nelson and the Fleet visited Gibraltar in May 1805, and after the nearby Battle of Trafalgar in October of that year, Nelson's body, embalmed in a cask of wine, was brought ashore at Rosia Bay to be returned to England for burial. In the Trafalgar Cemetery there are several members of Nelson's crew buried there and many members of the Garrison, as at this time there was also an epidemic of Yellow Fever resulting in 1,000 deaths. Gibraltar's unique position proved invaluable during World War II . Most of the civilian population were evacuated, except for 4,000 who fought with great courage to defend the freedom of the Rock. There is an old superstition that if the Apes leave the Rock; the British will go as well. Sir Winston Churchill made sure during World War II that the number of Apes was kept up. He even had some Apes, so it is rumoured, brought out from Africa to maintain their numbers. In 1968 a Referendum was taken on whether the people of Gibraltar wanted to remain with Britain or with Spain.

12,762 voted to stay with Britain and ONLY 44 voted for Spanish sovereignty. Whether Gibraltar will remain a British rock however appears another question! Recent events have suggested that the current British government may want to abandon the Treaty of Utrecht and subject the 30,000 people of Gibraltar to Spanish rule against their will. In the recent referendum (November 2002) the people of Gibraltar again showed their desire to remain British by an overwhelming margin. The Chief Minister of Gibraltar Peter Caruana eloquently summed up the feeling of the its people when he commented “There is more chance of hell freezing over than the people of Gibraltar accepting Spanish sovereignty in any shape or form.” BBC News - What are the competing claims over Gibraltar? What are the competing claims over Gibraltar? By Vanessa Barford BBC News Magazine Three hundred years after Spain ceded Gibraltar to Great Britain, tensions between the two countries have resurfaced in a dispute apparently over an artificial reef and onerous border searches. The UK has always insisted Gibraltar is rightfully British. The Spanish government maintains the territory should pass back. But what are the details of each side's legal, historical and geographical claims for sovereignty?

The disputed territory The UK's view of Gibraltar Who's had it longer? From AD711 to 1462 Gibraltar was under Moorish rule, like most of Spain. Spain (initially Castile) controlled the territory from 1462 to 1704. Its political status between 1704 and 1713 was that of a territory occupied by allied Anglo-Dutch forces during the War of the Spanish Succession. Gibraltar's sovereign status between 1713 and 1880 was that of a territory taken by right of conquest, but legitimised in the form of a cession to the British (Article X, Treaty of Utrecht, 1713, Appendix I). Anglo-Dutch forces captured the fortress of Gibraltar in 1704, during the War of the Spanish Succession. It was formally ceded to the British in perpetuity under Article X of the Treaty of Utrecht in 1713. The Gibraltar territory was designated a Crown Colony in 1830 and was listed as such by the UN in 1946.

In 1964, the Gibraltar Constitution was introduced and promulgated in 1969, stipulating that sovereign status would not be changed without the consent of Gibraltar's people. What's the geography? What's the legal position? Spain believes Gibraltar was taken in the context of a Spanish dynastic dispute and contests UK sovereignty over the entire peninsula. It also insists the cession in the Treaty of Utrecht 1713 did not include the isthmus with the airport on it and territorial waters. Spain cites the UN principle of territorial integrity, through UN Resolution 1514 (XV) - which says "any attempt at the partial or total disruption of the national unity and the territorial integrity of a country is incompatible with the purposes and principles of the Charter of the United Nations". It also argues two resolutions passed in the 1960s under the UN Principles of Decolonisation - ( 2231 (XXI), Question of Gibraltar and 2353 (XXII), Question of Gibraltar ), mean territorial integrity takes precedence over Gibraltar's right to self-determination.

The UK notes that Gibraltar was ceded by Spain in the Treaty of Utrecht 1713, giving "the full and entire propriety of the town and castle of Gibraltar, together with the port, fortifications, and forts there unto belonging... forever, without any exception or impediment whatsoever". It cites longevity of occupation, and argues the UN principle of territorial integrity, as per UN Resolution 1514 (XV) does not override the principle of self-determination. The same resolution says: "All peoples have the right to self-determination; by virtue of that right they freely determine their political status." "Gibraltar is much bigger than it was in 1713 - some of the runway and housing on the west side is built on reclaimed land, and the Treaty says nothing about reclaimed land, or territorial waters," says Dr Chris Grocott, lecturer in economic history at Leicester University. What about self-determination? Spain also argues two resolutions passed in the 1960s under the UN Principles of Decolonisation do not recognise Gibraltar's right to self-determination. It says Resolution 2231 focuses on the "interests" and not the "wishes" of the people of Gibraltar.

Dr Gerry O'Reilly, a senior lecturer in geography and international affairs at Dublin City University, says up to the 1990s, Spain viewed the population of Gibraltar as "a community artificially created from heterogeneous origins since 1713 by colonial processes" rather than indigenous, and therefore thought it did not fulfil criteria for any form of nationhood that could be interpreted as giving a right to UN "national'" self-determination principles. However, since 2002 Spain has offered the people of Gibraltar the constitutional status of an autonomous region/community within the Spanish state, he says. There was a referendum in Gibraltar in 1967, which called on both Spain and the UK to take into account the "interests" of the people of Gibraltar. In it 12,138 of the 12,237 voters chose "voluntarily to retain their links with the UK". The referendum was condemned by the UN General Assembly, and not recognised by any international body or state.

The UK promulgated the Gibraltar Constitution Order in 1969, in which it was stated that: "Her Majesty's government will never enter into negotiations under which the people of Gibraltar would pass under the sovereignty of another state against their democratically expressed wishes." Gibraltar's view: In the 2002 sovereignty referendum, voters overwhelmingly rejected a plan to share sovereignty over Gibraltar between the UK and Spain. Gibraltar believes the right of self determination was given to it by the UK in 1960, and that the UN Charter enshrines the right to self-determination of all colonial peoples. What about Ceuta and Melilla? Spain says the situation with Ceuta and Melilla is completely different from that of Gibraltar. Both territories are part of Spain itself, not an Overseas Territory like Gibraltar. Both have been in Spanish hands since the 16th Century, centuries before the modern state of Morocco was born. Spain claims them on historical grounds, for national security reasons and UN territorial integrity of the state principles. It stresses the majority of residents are Spanish. But O'Reilly says any lasting resolution of Spanish and UK sovereignty issues must also take cognizance of the Spanish-Moroccan territorial dispute on the southern shore.

For Morocco, resolution of the Anglo-Spanish issue should set a precedent for a resolution of the Moroccan-Spanish sovereignty dispute in relation to the Plazas. Spain retains five territories in north Africa - Ceuta, Melilla, Penon de Velez de la Gomera, Alhucemas and the Chafarinas Islands. Ceuta and Melilla are the most famous. Both are claimed by Morocco, which has compared the situation to Spain's claim to Gibraltar. Both territories are on the Moroccan coast. The population of both Ceuta and Melilla wish to remain Spanish. Morocco argues that the UN principles of decolonisation must be applied; that Spanish military bases there threaten Moroccan security; and that the UN territorial integrity principles also apply. But, despite the strong parallel, the UK doesn't bring up Ceuta and Melilla to reinforce the case for the continuation of the status quo for Gibraltar. Are there any other underlying reasons? Some have suggested Spain is looking to divert attention from its own economic woes, or to use the possible new restrictions to give itself a bargaining chip. Spain has denied this. It has accused Gibraltar of being a corporate tax haven, allowing companies and wealthy individuals to avoid paying millions.

Spain also believes the border is being abused and draining Spanish resources. Smuggling - cigarette smuggling in particular - is one bugbear, as is the alleged circumventing of Spanish residency taxes. Fishing rights are another point of contention, with both sides complaining about incursions. Although Gibraltar is small, it is strategically important, standing at the mouth of the Mediterranean. O'Reilly argues its location on the Strait gives it access to one of the three most vital arteries in the world in terms of commercial shipping, oil transportation and military-related transport. The UK's military base has historically been of huge significance - controlling virtually all naval traffic in and out of the Mediterranean Sea and Atlantic in WWII. The naval dockyard once dominated the economy. But according to Grocott, Gibraltar is now less militarily significant. Tourism is one of the four sectors that dominate the economy today - with most visitors coming from the UK. Then there's the tax system which has attracted financial services firms. What do leaders say? Spanish PM Mariano Rajoy has said he hopes talks with the UK will end the current row over Gibraltar but he's prepared to "take legal measures to defend the interests of Spanish citizens". Spanish Foreign Minister Jose Manuel Garcia-Margallo has declared "the party's over".

He threatened to charge motorists 50 euros (£43) for crossing the border, impose flight restrictions and investigate the tax status of 6,000 Gibraltarians who have properties in Spain. On recent occasions new, rigorous border checks have resulted in six-hour queues. There have also been reports that Spain may take the row to the UN. Prime Minister David Cameron has said he is very clear that the UK "will always stand up for the people of Gibraltar". He said a phone conversation with Spanish PM Mariano Rajoy over the Gibraltar border checks delays row was "constructive", and he had called because of "serious concerns". Gibraltar's view: Gibraltar's chief minister Fabian Picardo has accused Spain of "sabre-rattling like North Korea". What do commentators say? ABC, like many Spanish papers, is wary about the arrival of three British warships in Gibraltar, which it calls a "naval base that justifies a colony". The paper notes the strength of the British military presence and Gibraltarian opposition to Spanish actions. El Mundo says that long queues at the border are also hurting people living in the Spanish border town of La Linea, especially those close to the frontier gate.

After a "relatively quiet" weekend, it expects more tensions as tourists flock towards Gibraltar and the warships loom on the horizon. The Financial Times' Kiran Stacey says the row is a reminder of how Britain's remaining colonial outposts can cause friction with allies and headaches in Whitehall. "Gibraltar is unique in its potential to cause strife with an EU ally," it says. It shouldn't get to a stage that it infects all other parts of the bilateral relationship. The Economist thinks the latest confrontation will prevent a settlement for yet another generation. You can follow the Magazine on Twitter and on Facebook More on This Story Campaign posters warn women not to inflict smoke on their unborn children. Share this page Gibraltar: Spain or UK? - netivist Comment Gibraltar was ceded to Britain in the 1713. Spain claims its sovereignty, but population wants to be British. How should the dispute be settled? History of the Gibraltar dispute Gibraltar is a British Overseas Territory located in the South of Spain (Province of Cadiz in Andalucia).

The isthmus has an area of 6.7 km2 and around 30,000 inhabitants.The sovereignity of Gibraltar is a major point of dispute between the United Kingdom and Spain . An Anglo-Dutch force captured Gibraltar in 1704 during the War of Succession in Spain on behalf of Archduke Charles of Austria, the Habsburg pretender to the Spanish Throne. In 1713, Gibraltar was ceded "in perpetuity" to Britain under Article X of the Treaty of Utrecht. This was confirmed in later treaties signed in Paris and Seville. However Gibraltar has remained a permanent cause of friction between these two states . "Gibraltar español" (Gibraltar Spanish)? Gibraltar's location is of major strategic importance for controlling access to the Mediterranean Sea, as proved in World War II. It consists of a natural fortress called The Rock or Peñón. After two failed attempts to recapture the territory by force during the thirteenth siege (1727) and the Great siege (1779–1783), Spain continues to reclaim Gibraltar by peaceful means.

According to the Spanish government, under the Treaty of Utrecht only certain properties in Gibraltar were ceded to Britain, but not the entire territory of the isthmus. Article X states that the King of Spain: "yield to the Crown of Great Britain the full and entire propriety of the town and castle of Gibraltar, together with the port, fortifications, and forts thereunto belonging; and he gives up the said propriety to be held and enjoyed absolutely with all manner of right for ever, without any exception or impediment whatsoever." Spain claims that over half of the isthmus was occupied illegally by the British throughout the 19th Century. There is no room for colonialism in the 21st Century European Union . Spain also accuses Gibraltar of tolerating smuggling, tax evasion and money laundering, which is contributing to empoverish one of the of the provinces in Spain with lower average income. For many years, Spain has insisted that Gibraltar's is a bilatera territorial dispute between its goverment and Britain, a principle reflected in the United Nations resolutions on the decolonisation of Gibraltar in the 1960. However, Gibraltarians reject a union with Spain.

An agreement of joint sovereignity reached between the UK and Spain was rejected by the local population in a referendum in 2002. Since 2004, the Spanish government changed its position to include the government of Gibraltar in its negociations. Furthermore, under the Gibraltar Constitution of 2006, Gibraltar governs its own affairs. Its defence and foreign affairs remain the responsibility of Government of the United Kingdom. What do you think will happen next? Which would be the best solution for this ongoing conflict? History | Government of Gibraltar READ MORE 711 AD In April of the year 711 AD, following the death of the prophet Mohammed, Islamic conquest overran North Africa from Arabia. By 710 AD its spread had reached the shores of the strait and Europe braced for invasion. The Visgoths who had deposed the Romans and ruled Spain were weak and divided. The Visgothic Count Julian who ruled over Ceuta in North Africa was surrounded and he had a score to settle with his compatriots on the other side of the strait. So, to divert the Muslims, he offered to assist them in the conquest of Spain.

The assault was down to a Berber chief, Tarik-ibn-Ziyad, the Governor of Tangier. He sailed across the strait by night, from Ceuta not Tangier so as not to arouse suspicion and used Visgothic ships. His first attempt on Algeciras failed but he was successful in landing undetected on Gibraltar. Following the Moslem General Tarik’s successful landing on the Rock, his forces before defeated the Gothic King Roderick and began the conquest of Spain. Gibraltar became known as Jebal Tarik (Mountain of Tarik) from which it takes its present name. 1160 AD By the 11th Century AD Gibraltar was part of the Arab kingdom of Seville. The mounting threat of invasion fromNorth Africa sects forced the Arab Governor of Algeciras to build a fort in Gibraltar in 1068 AD. Spain is eventually overrun by another North African sect, the Almohads, and it was their leader, Abd-ad-Mummin, who commanded the building of the first city in Gibraltar in 1160 AD,Medinat al-Fath, the City of Victory. By all accounts, it was an impressive city.

Upon its completion, Al - Mummin personally crossed the Strait to inspect the works;he stayed in Gibraltar for two months, inviting all his subordinate kings to see his achievement. 1309 AD Fighting continued amongst the Muslims, or between Muslims and Christians from 1160 and 1300 AD. By 1252 only two Islamic kingdoms remained in Spain, in Murcia and Granada. By the year 1309, King Ferdinand IV had laid siege to Algeciras and, learning of Arab weaknesses on the Rock, sent Alonso Perez de Guzman to capture it. It was then that Gibraltar endured its own first siege. The Spaniards took the Upper Rock, from which they bombarded the town with cannon fire. The garrison surrendered after one month. Gibraltar had 1500 inhabitants and they were allowed to leave for North Africa. 1333 AD The Spaniards set about repairing the fortifications and shipyard, but few people wanted to settle in Gibraltar, by now considered to be anunsafe town. Ferdinand was forced to offer freedom from justice to anyone who lived in Gibraltar for one year and one day.

By 1333 Gibraltar was once more in Muslim hands as Abdul Malik, son of the King of Morocco, laid siege. The garrison surrendered after four and a half months. 1374 AD Gibraltar became part of the Muslim Kingdom of Granada. 1462 AD Gibraltar was recaptured by Castilleto became part of the estates of the Duke of Medina Sidonia. 1492 AD The Catholic King Ferdinand and Queen Isabella conquered Granada, the last vestige of Muslim dominion in Spain. The Jews were expelled from Spain, with many passing through Gibraltar on their way into exile in North Africa. READ MORE 1502 AD Queen Isabella granted Gibraltar a coat of arms, a castle, which symbolised its importance as a fortress, and a key to highlight its position as the key to Spain, which it has held since the time of Moslem conquest. 1540 AD By the middle of the sixteenth century, a new kind of conflict had arisen as corsairs from the Barbary coast, under leadership of the infamous Barbarossa, hounded the region. In 1540 a large fleet of pirates assembled toraid the poorly defended Gibraltar.

Years later, after mounting pressure from the Rock’s inhabitants, the Emperor Charles V ordered the Italian engineer Calvi to build a protective wall which would be extended to reach the top of the Rock in the reign of Philip II, some years later. 1606 AD The Moriscos (the descendants of the Moslem inhabitants in Spain) were expelled, many passing through Gibraltar on their way into exile in North Africa. 1704 AD On the 17th July 1704, a war council was held aboard the English warship Royal Catherine, off the North African coast. Four days later the English fleet, under Admiral Sir George Rooke, entered the Gibraltar Bay. At 3pm 1,800 English and Dutch marines landed on the isthmus, with the Dutch Prince Hesse at the head. Gibraltar was cut off but its then governor refused to surrender. The days that followed saw a massive bombardment of the town by the English fleet. On the morning of the 23rd July, 1,500 shots were fired within 6 hours. Landings took place in the south and in the morning of the 24th, the governor capitulated.

The joint Anglo-Dutch force had captured Gibraltar, on behalf of Charles of Austria, a pretender to the throne of Spain. Shortly afterwards,a Spanish goatherd named Simon Susarte, led 500 Spanish troops to Europa Advance on the south-eastern side of the Rock and killed the guard. They moved to the Upper Rock and spent the night in St Michael's Cave, attacking the signal station the next morning. But the alarm was raised and the English counter-attacked. 160 prisoners were taken including a colonel and thirty other officers; the rest were killed trying to escape. 1705 AD Gibraltar declared a 'free port', which leads to its development as an important international trading centre. 1707 AD The first British Governor was appointed, taking up residence in the Convent of the Franciscan Friars. 1713 AD Under the terms of the Treaty of Utrecht, Spain ceded Gibraltar to Britain in perpetuity. 1727 AD Skirmishes and attacks continued for a while but by 1726 AD, trading between Gibraltar and Spain had resumed.

Early in 1727, the Spaniards laid the 13th siege on the Rock, but after several unsuccessful and costly attempts, theyrelented in June of the same year. 1779 AD to 1783 AD The final military siege on Gibraltar followed many years later, in 1779. The Spaniards and French joined forces to launch a massive onslaught, which lasted nearly four years. Known as the Great Siege, it tested the ingenuity and will to survive of the garrison. The galleries were dug during this time, as Sergeant Major sought to create perfect gun placements. Later, a Lieutenant Koehler designed a carriage, which allowed guns mounted on the cliffs to be pointed directly downward at the enemy. Accounts of the siege are full of vivid stories of survival and daring. On the 21st November, 1781, the defenders of the garrison took the offensive and caught the enemy batteries on the isthmus by surprise, destroying them and pushing back their progress: this event is commemorated as the Sortie.

1782 AD Work starts on the Great Siege Tunnels, which became the vast and complex system of underground fortifications that today criss-cross the inside of the Rock. After the Siege, the fortifications were rebuilt and later the walls were lined with Portland stone, whichgave them their white appearance. 1784 AD The great yellow fever epidemic hit, killing over a third of the civilian population. 1810 AD The Spanish fortifications at the frontier were demolished. Britain and Spain are allied in war against Napoleon. Free access across the frontier was established. 1830 AD Gibraltar is declared a Crown Colony. The Royal Gibraltar Police is established. 1848 AD A skull was found in the Forbes's Quarry at the foot of the sheer north face of the Rock. Unbeknownst at the time but it belonged not to a modern human, but to a prehistoric variant. It was sent to the UK where it was conserved. Eight years later in the Neander Valley near Dusseldorf in Germany, another was found giving this human its name. What might have beenthe‘Gibraltar Man’, became the ‘Neanderthal Man’.

1894 AD READ MORE 1940 AD The outbreak of the Second World War caused the civilian population to be evacuated to Britain, Jamaica and Madeira, so that Gibraltar could be fortified against the German attack. By 1942 there are over 30,000 British soldiers, sailors and airmen on the Rock. The repatriation of the civilians started in 1944 and continued for six years, although the majority had returned by 1946. 1950 AD Gibraltar's first legislative council was opened. 1967 AD A referendum was held and the Gibraltarians overwhelmingly vote to continue their association with Britain. 1969 AD Franco closed the frontier in pursuit of his claim for Gibraltar. 1982 AD In 1982, ships were refitted for the Falklands campaign and Gibraltar became a stopover for ships and troops. Spain reopened the frontier for pedestrians only. 1985 AD The frontier with Spain was opened fully. Gibraltar's trade and population thrived. Its inhabitants lived harmoniously in a peaceful and unique multi-cultural society.

1991 AD As in 1982, Gibraltar served a similar function during the Gulf War. The Rock, the beacon that attracted Gibraltarians through the ages, retains its power and charms as it looks towards the 21st Century. Law in Gibraltar by Jissuu Jissuu - issuu issuu 18 May 2009 The Application of Law in Gibraltar It is often unclear as to how or why certain laws and rules apply in Gibraltar. Gibraltar occupies a fairly unusual position as a British Overseas Territory and a member of European Union. What follows is an examination of the legal foundations of Gibraltar and the process by which matters become law in Gibraltar. by Jeremy Acton, Triay & Triay Constitutional Position in Relation to the UK 1972 (the “EC Act”). Section 2(1) of the EC Act provides that rights, powers, liabilities and restrictions from time to time arising out of Gibraltar was ceded to “the Crown of Great Britain” by the Treaty of the 1972 Accession Treaty and other Treaties3, are to be given Utrecht in 1713. By virtue of this Gibraltar falls under the legal effect in the United Kingdom.

sovereignty of the United Kingdom. Article 299(4)4 of the TEC provides that “the provisions of the EEC Various terms have been used throughout Gibraltar‟s history to Treaty shall apply to the European territories for whose external refer to its status and relationship with the United Kingdom. relations a Member State is responsible”. As Gibraltar was and is a However, under the provisions of the British Overseas Territory Act territory for which the United Kingdom is responsible it forms part 2002 Gibraltar, along with other overseas territories, is termed a of the EC. “British Overseas Territory”. On the basis of the Treatises of Rome the Treaty on European Union (“TEU”) was signed in Maastricht and brought into effective on the 1 November 1993. The TEU brought into being the Gibraltar and the European Union European Union (“EU”). Gibraltar is a member of the European Union1 by virtue of the With the creation of the EU the EC does not cease to exist, rather it United Kingdom‟s membership. continues to exist as an important foundation of the EU.

However, the roles and responsibilities of the EU, are not limited, as these In 1972 the Crown, as a high contracting party on behalf of the have been expanded under the Maastricht Treaty - for example the United Kingdom, entered into the Acts of Accession Treaty (the EU has responsibility for the common foreign and security policy. “1972 Accession Treaty”). The 1972 Accession Treaty, in effect, made the United Kingdom (“UK”) a signatory to the Treaty Establishing the European Community2 (1957) (the “TEC”) and the European Atomic Energy Community Treaty (1957) (together the „Treatises of Rome‟). These are the founding treaties of the European Community and form the basis of the UK‟s membership. Formally, the 1972 Accession Treaty was ratified and brought into UK law by an Act of Parliament - the European Communities Act 3 These other treaties include other pre-accession Treaties set-out in Part 1 Schedule 1 of the EC Act, and other Treaties as defined in the Act.

4 Article 299(4) under the TEC is the renumbered Article 227(4) EEC Treaty. Article 227 was renumbered by the Treaty of Amsterdam (signed 1997; effective 1 May 1999) (see Article 12 and Annex (containing Tables of Equivalences)). If the Treaty of Lisbon is brought into force this will re-number and amend the TEC. (i) The TEC will be renamed the TFEU, and (ii) For the purpose of the Treaty of Lisbon the terms of Article 299(4) TEC are amended and becomes 311a (see Article 2 point 293 of the Treaty of Lisbon). (iii) For the purposes of amending the TFEU (see Article 5 Treaty of Lisbon) Article 311a is renumbered Article 355(3) (according to Table B of the Annex (Tables of Equivalences Referred to in Article 5 of the Treaty Of Lisbon ) to the Treaty of Lisbon. 1 Formerly and originally this was the Treaty Establishing the European Economic Community (“EEC Treaty”).

However, since the Treaty on European Union the EEC Treaty has been known as the TEC. 2 If the Treaty of Lisbon comes into force as planned, the Treaty Establishing the European Community will be renamed the Treaty on the Functioning of the European Union (TFEU). This memorandum is intended for general information only and should not be used or considered as a detailed exposition of the law. It is aimed at helping the reader to understand the general outline of the law. This memorandum is not to be used as a substitute for professional advice, which should be sought in each case. Page 1 Notwithstanding that Gibraltar is part of the EU provisions relating force in Gibraltar […] subject to such modifications thereto as such to the Community Customs Territory, free movement of goods, circumstances may require”. Common Commercial Policy, Common Agricultural and Fisheries Policies and harmonization of turnover taxes do not apply to Gibraltar.

According to the English Law (Application) Act the common law and rules of equity may themselves be modified or excluded by: (a) Any Order of Her Majesty in Council which applies to Gibraltar; (b) Gibraltar Constitution Any Act of Parliament at Westminster which applies to Gibraltar or applies by express or necessary implication On the 30 November 2006 the people of Gibraltar voted, and (c) accepted, a proposed Constitution (the 2006 Constitution). This new Constitution replaces the 1969 Constitution. Formally, the mechanism by which the 2006 Constitution takes effect is an Order in Council and on the 14 December 2006 Her Any Act (made by the Legislature or Governor). The Act also provides that where the common law and the rules of equity are at variance, the rules of equity prevail. This reflects the position within the UK. Majesty in Council made such an order „the Gibraltar Constitution Order 2006‟. That Order provided that the Gibraltar Constitution was to come into effect on the date of publication in the Gibraltar English Acts Gazette.

The English Law (Application) Act (the “Application Act”) applies Thus on the 28 December 2006 the Constitution took effect. certain laws of England to Gibraltar. These English Acts are listed in the schedule to the Act. By express provision these Acts continue to apply in Gibraltar notwithstanding that they may have Gibraltar Legislature been repealed by the Parliament at Westminster. There are approximately 109 English Acts applied to Gibraltar under the Under section 24 of the Constitution it is provided that there shall Application Act, in whole or in part, and they stem from the whole be a Legislature for Gibraltar. The Legislature consists of Her history of England (covering the period 1267 – 1972). Majesty and the Gibraltar Parliament. Subject to the provisions of the Constitution the Legislature is empowered to make “laws for The English Law (Application) Act also goes on to list other Acts the peace, order and good government of Gibraltar”. which have been applied to Gibraltar by Order in Council, and Acts of Parliament at Westminster that have been disapplied to Gibraltar Subject to a general exception (below) the process of making laws since 1962.

These lists are detailed in appendices to the Act, is by bills passed by the Parliament and assent by the Governor or however, neither list is authorative, and as the notes make clear: Her Majesty. The laws made by the Legislature are styled “Acts” the lists are published for convenience only. and the Legislature is specifically empowered to make retrospective laws and delayed effect laws. Although no law made by the Legislature may come into operation until it has been published in the Gazette. These are not the only English Acts that Gibraltar applies, and, as stated earlier, Parliament at Westminster may apply legislation to Gibraltar5. The general exception (referred to above) is that the Governor posses special legislative powers on certain areas of responsibility (including external affairs, defence, internal security etc) and he may enact legislation unilaterally, in certain circumstances. EU Legislation The EU is able to formulate three types of binding instrument: regulations, directives, and decisions. Common Law Common Law & Equity Under the English Law (Application) Act the “common law and the rules of equity from time to time in force in England shall be in 5 For example Parliament at Westminster applied the British Overseas Territories Act 2002 to Gibraltar.

This memorandum is intended for general information only and should not be used or considered as a detailed exposition of the law. It is aimed at helping the reader to understand the general outline of the law. This memorandum is not to be used as a substitute for professional advice, which should be sought in each case. Page 2 matters relating to shipping and seamen, that are not expressly Regulations have general application and are directly applicable. provided for by the Gibraltar Act itself. They are rules that become immediately enforceable as law in all member states. In essence, regulations are self-executing laws i.e. the come into effect without further action by Gibraltar. Precedent Formally, previous judgements of the Supreme Court for Gibraltar, judgments of the Court of Appeal for Gibraltar (first point of appeal) Directives and judgements of the Judicial Committee of the Privy Council Directives are binding upon member states. That is to say Member (ultimate court of appeal) form binding precedent on the Supreme States are directed to implement a certain rule, and the Member Court for Gibraltar. Similarly the Magistrates Court is bound by all States has autonomy over the form of implementation. If a higher courts.

Member State fails to implement directives then in certain With respect to certain matters, judgments of the European Court situations the Directives themselves may take effect. This is known of First Instance form binding precedent as do judgments of the as direct effect and for it to occur certain criteria (Van Gend En European Court of Justice (which hears appeals from the Loos criteria) have to be satisfied. European Court of First Instance and acts itself as a court of first and final instance in other matters). Decisions A decision is a binding instrument which is not of general This doctrine of binding precedent is known as stare decisis and forms part of the basis of the Common Law. application, and only applies to the addressee of the decision (be it Member States, companies or individuals). On a wider footing, decisions of English Courts, courts of other Common Law territories, and the courts of other territories, form guiding precedent that the Gibraltar Courts will look to follow.

Special & Notable Situations Of course the weight attached to such precedent varies in relation to the eminence of the authority making the decision: thus Civil Procedure Rules decisions of the House of Lords will create near binding precedent while decisions of lower courts, and by extension those of other The Civil Procedure Rules (CPR) apply in Gibraltar by virtue of section 38A(1) of the Supreme Court Act, which states that “the Civil Procedure Rules made […] under the Civil Procedure Act territories, creates precedent, the persuasiveness of which varies as a function of the cogency of the judgement and the position of the court making the judgement in the legal hierarchy. 1997 in England and Wales shall apply in Gibraltar with such modifications […] as the circumstances in Gibraltar may require.”. Non-Contentious Probate Rules The Non-Contentious Probate Rules 1987 also apply in Gibraltar. These apply by virtue of their application under the CPR. Part 57, Practice Direction, Rule 1.2 states that “the rules and procedure relating to non-contentious probate proceedings (also known as „common form‟) are the Non-Contentious Probate Rules 1987 as amended.”.

Merchant Shipping Acts It is also worth noting the application of the English Shipping Acts given Gibraltar‟s substantial maritime interests. The Gibraltar Merchant Shipping Act contains a provision at section 221 that all the provisions of the Merchant Shipping Acts (1894 – 1986 and any Acts that repeal or amend those Acts) apply to Gibraltar in all Contact Jeremy Acton Triay & Triay 28 Irish Town Gibraltar + 350 200 72020 jeremy.acton@triay.com This memorandum is intended for general information only and should not be used or considered as a detailed exposition of the law. It is aimed at helping the reader to understand the general outline of the law. This memorandum is not to be used as a substitute for professional advice, which should be sought in each case. Page 3 Choppy political currents around Gibraltar - Telegraph Expat News Choppy political currents around Gibraltar Confrontations between Britain's Royal Navy and the Spanish maritime police in the waters around Gibraltar have increased in recent months.

The British nuclear submarine HMS Tireless approaches the port of Gibraltar Photo: AFP/Getty Images By Olivier Thibault, in Madrid for AFP 2:53PM GMT 30 Dec 2009 Comments The latest and most serious incident took place on December 7 when police in Gibraltar arrested four Spanish guardia civil officers who had pursued a speedboat that they suspected of drug smuggling onto the territory's shore. The four were freed after the Spanish interior minister, Alfredo Pérez Rubalcaba, telephoned Gibraltar's chief minister, Peter Caruana, to apologise for the "mistaken operation". Madrid ceded Gibraltar in 1713 under the Treaty of Utrecht. Britain has exercised de facto control of the waters around the rocky peninsula attached to Spain at the mouth of the Mediterranean, for most of the time since then. Its strategic position at the western entrance to the Mediterranean has long been of military interest. But Spain still claims sovereignty over the island and the issue is a source of tension between the two countries. Britain claims a strip measuring three nautical miles (5.5 kilometres) surrounding Gibraltar as their territorial waters. But Spain does not recognise any waters off Gibraltar as belonging to the British territory, apart from its ports.

A Spanish government spokesman said Madrid did not acknowledge any British rights over the territory "not expressly included in the Treaty of Utrecht". Although the treaty makes no mention of the territorial waters around Gibraltar, Britain argues that the notion of territorial waters did not exist when it was signed. At the end of 2008, Spain convinced the European Commission to include most of the territorial waters that surround Gibraltar claimed by Britain under a new marine conservation area known as the "Estrecho Oriental" - and that will be maintained by Madrid. Caruana blamed the rise in tensions on the creation of this conservation area, in a recent interview with Britain's Financial Times newspaper London sees the EU decision to create the marine conservation area as tacit recognition of Spain's possession of the territory: for under EU law a conservation site can only be declared by the sovereign state which owns the piece of land or sea in question. Jose Encinas, the head of the branch of the Unified Association of Guardia Civil in Algeciras, just 14 kilometres (nine miles) across the Bay of Gibraltar, said that Spanish police had always entered the waters around the territory to stop drug trafficking and control maritime traffic.

But for the past six months British forces have sought to block Spanish patrols of the waters around the territory, he said. "As soon as a guardia civil patrol boat approaches less than three miles from Gibraltar, a Royal Navy patrol or Gibraltar police intervenes to chase them away," he said. They would try to block the way of the Spanish vessel, order it "to leave territorial waters" and threaten to seize the boat, he added. In another incident, widely covered in the Spanish media, Britain apologised to Spain last month after a Royal Navy ship used a buoy bearing the Spanish colours for target practice during a military exercise off Gibraltar. Britain's ambassador to Spain, Giles Paxman, said an inquiry would be opened to determine who was responsible for the "error of judgment" and "lack of sensitivity", the Spanish government said at the time. Madrid arguing the 6.5 square kilometre (2.6 square mile) territory that is home to roughly 30,000 people should be returned to Spanish sovereignty. Now a haven for tourism, shipping and offshore banking because of its favourable tax laws, its people overwhelmingly rejected an Anglo-Spanish proposal for co-sovereignty in a referendum in 2002.

Question: Under which treaty of 1713 was control of Gibraltar ceded to Britain?
Answer: Utrecht